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  • Lofton v. The State

    Publication Date: 2021-03-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Robert L. Sirianni, Jr., (Brownstone, P.A.), Winter Park, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, David K. Getachew-Smith, Sr., (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S20A1101

    Trial Court Did Not Err in Denying Defendant's Motion to Suppress His Cell Phone Records; Exclusionary Rule Does Not Apply to That Evidence

  • Jefferson v. The State

    Publication Date: 2021-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Rodney Samuel Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, Brittany Ashton Fallin, (Griffin Judicial Circuit District Attorney's Office), Griffin, Marie Greene Broder, (Griffin Judicial Circuit District Attorney's Office), Thomaston, for appellee.
    Case Number: S20G0528

    Trial court order was final and appealable when that order effectively vacated two counts of a multi-count indictment but denied a new trial motion as to remaining counts

  • Kitchens v. The State

    Publication Date: 2021-02-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Aaron Scott Palmer, (Middle Judicial Circuit Public Defender's Office), Swainsboro, for appellant.
    for defendant: Samuel Howard Altman, Kelly J. Weathers, (Middle Judicial Circuit District Attorney's Office), Swainsboro, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, for appellee.
    Case Number: S20A1230

    Any Error in Admitting Hearsay Evidence Was Harmless in Light of Other Strong Evidence Against Defendant

  • Davis v. The State

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Detrik Lamon Davis, Nicholls, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, William Patrick Doupé, Dennis C. Sanders, Steven Tyler Normandia, (Toombs Judicial Circuit District Attorney's Office), Thomson, for appellee.
    Case Number: S20A1318

    Court affirms denial of a motion for an out-of-time appeal when the defendant's actions in accepting a negotiated guilty plea showed no desire to appeal

  • Gardner v. The State

    Publication Date: 2020-12-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Timothy Craig Head, Jr., (Waycross Judicial Circuit Defender's Office), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, George Elemuel Barnhill, Alexander John Markowich, (Waycross Judicial Circuit District Attorney's Office), Waycross, for appellee.
    Case Number: S20A1183

    Court affirms murder conviction over defendant's contentions of ineffective assistance due to counsel's failure to request a voluntary manslaughter jury charge

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    Lancaster County & Berks County Court Rules 2023

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  • Quynn v. Hulsey et al.

    Publication Date: 2020-12-21
    Practice Area: Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S19G1612

    Court determines that Georgia's apportionment statute abrogated the common law respondeat superior rule, making an employer liable for an employee's negligence

  • Bonner v. The State

    Publication Date: 2020-12-17
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Veronica Evette Brinson, (Attorney at Law), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Joshua Bradley Smith, Henry Wayne Syms, Jr., (Augusta Judicial Circuit District Attorney's Office), Valdosta, for appellee.
    Case Number: S20A1146

    Trial Court Lacked Jurisdiction to Deny on Merits Untimely Filed Motion to Withdraw Guilty Plea

  • Atkins v. The State

    Publication Date: 2020-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Howard W Anderson, (Law Office of Howard W. Anderson III, LLC), Pendleton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Rindi L. Harbeson, William Patrick Doupé, Dennis C. Sanders, Debra Rhodes Neumann, (Toombs Ciruit Office of the District Attorney), Thomson, for appellee.
    Case Number: S20A1019

    Circumstantial Evidence Authorized Jury to Find That Defendant Attempted to Inflict a Violent Injury Upon the Victim

  • Glenn v. The State

    Publication Date: 2020-11-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Benjamin Alston Pearlman, (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Kenneth W. Mauldin, Brian Vance Patterson, (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S19G1236

    Common Law Right to Resist Unlawful Arrest Includes Right to Use Proportionate Force Against Government Property to Counter Illegal Detention

  • Griffin v. The State

    Publication Date: 2020-10-26
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Jessica Ruth Towne, David Edward Clark, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Penny Alane Penn, Michael Shawn Mahoney, (Forsyth County District Attorney's Office), Cumming, for appellee.
    Case Number: S20A0967

    Trial Counsel Offered Reasonable Tactical Explanation For Failing to Challenge Evidence of Defendant's Racism